ARTICLE 9 SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS

Transcription

1 ARTICLE 9 SECIAL UROSE AND OVERLAY ZONING DISTRICTS Article 9 Special urpose and Overlay Zoning Districts... i Special urpose and Overlay Districts Generally Special urpose Districts Overlay Districts HSQ, Historic Square District urpose Allowed Lot and Building Standards Floor Area Limits for Commercial Establishments Special Character Standards Other Applicable Regulations UD, lanned Unit Development Overlay District urpose rocedure Effect of Other Development Ordinance Standards Standards Eligible for Modification Additional Requirements and Standards U, Underground Overlay District urpose Establishment of District Uses Standards and Requirements SC, Special Sign Character Overlay District Applicability urpose Street Graphic Defined Zoning Map Effect of /SC District Designation Graphics lans for /SC Districts Modification of Existing Standards Appeals ED, edestrian Street Overlay urpose Designation as a edestrian Street Applicability Building lacement Ground-Floor Transparency U N I F I E D D E V E L O M E N T O R D I N A N C E 9-i

2 Doors and Entrances arking Driveways and Vehicle Access rohibited Uses/Activities CD, Conservation Overlay District urpose Criteria for Designation of Conservation Districts Effect Uses Development/Design Standards Establishment of District Nomination for Designation of Conservation Districts rocedure Interim Control HD, Historic Overlay District urpose Effect Uses Development/Design Standards Nomination for Designation of Historic Districts Criteria for Designation of Historic Districts Report and Recommendation of Heritage Commission Notification of Determination by Heritage Commission Action by lanning Commission Action By City Council Amendment or Rescission of Designation Certificate of Appropriateness Applications for Certificates of Appropriateness Determination by the Heritage Commission Standards for Review for Issuing Certificates of Appropriateness Standards for Review for Issuing Certificates of Appropriateness for Demolition Certificate of Economic Hardship Determination of Economic Hardship Appeals Violation and enalty Stop Work Orders Maintenance and Repair Demolition By Neglect Continuation of rior Designations and Decisions Development Standards For New Construction/Addition (or Improvements) in conjunction with a CoA HD Districts Established U N I F I E D D E V E L O M E N T O R D I N A N C E AMENDMENT #16 9-ii

3 Interim Control HL, Historic Landmark Overlay District Nomination for Designation of Landmarks Criteria for Designation of Landmarks roperties Report and Recommendation of Heritage Commission Notification of Determination by Heritage Commission Action by lanning Commission Action by City Council Certificate of Appropriateness for /hl properties HL roperties Established Interim Control W, arkway Overlay District urpose Applicability Regulations ARTS, ARTS DISTRICT urpose Applicability Sign Requirements Non-Residential Design Standards rohibited Activities Other Applicable Regulations DFD, Drumm Farm District urpose Use Regulations Residential Density Floor Area Limitations by Use for Non Residential Uses Lot and Building Standards Animals Site Development Standards Natural Resource reservation Relief from Standards U N I F I E D D E V E L O M E N T O R D I N A N C E AMENDMENT #16 9-iii

4 SECIAL UROSE AND OVERLAY DISTRICTS GENERALLY SECIAL UROSE DISTRICTS A. UROSE Special purpose zoning districts are tools for dealing with special situations or accomplishing special planning and zoning goals. Special purpose districts are base zoning district classifications and not overlay other district classifications B. ESTABLISHMENT Special purpose zoning districts may be established, amended or removed only in accordance with the zoning map amendment procedures of Article OVERLAY DISTRICTS A. UROSE As with special purpose districts, overlay zoning districts are tools for dealing with special situations or accomplishing special planning and zoning goals. Unlike special purpose districts, overlay districts are not base zoning classifications. As the name implies, overlay districts are over-laid on base zoning district classifications to alter some or all of the regulations that apply in the underlying, base zoning district B. ESTABLISHMENT Overlay zoning districts may be established, amended or removed only in accordance with the zoning map amendment procedures of Article C. INTERRETATION Overlay zoning district regulations apply in combination with underlying (base) zoning district regulations and all other applicable standards of this development ordinance. When overlay district standards conflict with standards that otherwise apply in the underlying, base zoning district, the regulations of the overlay zoning district govern. All applicable regulations of the underlying base zoning district apply to property in an overlay zoning district unless otherwise expressly stated. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-1

5 HSQ, HISTORIC SQUARE DISTRICT UROSE HSQ, HISTORIC SQUARE DISTRICT UROSE The HSQ, Historic Square district is a special purpose zoning classification that is intended to preserve and enhance the unique character of the city s historic square area ALLOWED A. USE TABLE Uses are allowed in the HSQ district in accordance with Table 901-1, below B. USE CLASSIFICATION SYSTEM For the purpose of this development ordinance, uses are classified into use groups, use categories, and specific use types. These are described and defined in Article The column of Table lists the groups, categories and types allowed C. ERMITTED USES Uses identified with a in Table are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance D. ERMITTED USES WITH MINIMUM USE STANDARDS Uses identified with a C in Table are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of Table 901-1, and all other applicable standards of this development ordinance E. SECIAL USES Uses identified with an S in Table may be allowed if reviewed and approved in accordance with the special use procedures of Article F. ROHIBITED USES Uses not listed and those identified with a in are expressly prohibited G. USE STANDARDS The use standards column of Table identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited. Table U S E G R O U Use Category specific use type R E S I D E N T I A L Household Living In single-purpose residential building S above ground floor (in mixed-use building) U B L I C / C I V I C Library/Cultural Exhibit C O M M E R C I A L Animal Service Sales and grooming Other Artist Work or Sales Space Eating and Drinking Establishments Tavern or nightclub All other eating/drinking establishments HSQ District Supplemental Standards Maximum gross floor area: 5,000 sq. ft. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-2

6 HSQ, HISTORIC SQUARE DISTRICT LOT AND BUILDING STANDARDS U S E G R O U Use Category specific use type HSQ District Supplemental Standards Entertainment and Spectator Sports Indoor small venue (1 149 capacity) Indoor medium venue ( capacity) Indoor large venue (500+ capacity) S Outdoor (all sizes) Financial Service awn shop Short-term loan service All other financial services Food and Beverage Retail Sales Lodging Bed and Breakfast Hotel/motel Medical Service Office ersonal Improvement Service Repair or Laundry Service Retail Sales Sports and Recreation, articipant Indoor Outdoor I N D U S T R I A L Manufacturing, roduction and Industrial Service Artisan Limited General O T H E R Wireless Communication Facility S/C LOT AND BUILDING STANDARDS All residential and nonresidential development in the HSQ District must comply with the lot and building standards of Table 901-2, except as otherwise expressly provided. Rules for measuring compliance with the lot and building standards established in Table and applicable exceptions to the standards can be found in Article Table Lot and Building Standards HSQ Lot Size Min. lot area (square feet) None Min. lot area per unit (sq. ft.) 1,000 Min. lot width (feet) None Min. Exterior Setback [1] None Min. Interior Setback None Maximum Height 45 feet FLOOR AREA LIMITS FOR COMMERCIAL ESTABLISHMENTS Commercial establishments may not occupy more than 15,000 square feet of gross floor area on any single floor. Food stores (groceries) are not subject to this floor area limit. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-3

7 HSQ, HISTORIC SQUARE DISTRICT SECIAL CHARACTER STANDARDS SECIAL CHARACTER STANDARDS A. BUILDING LACEMENT 1. Buildings must abut the sidewalk or be located within five feet of the sidewalk along exterior lot lines. 2. These building placement standards do not apply to public plazas or recessed building entries. 3. Recessed building entries are subject to the following standards: (a) (b) (c) The entrance width may not exceed 12 feet or 5% of the building s street-facing façade width; The entrance depth may not exceed the entrance width; and The entrance may not exceed two stories in height. Figure B. GROUND-FLOOR TRANSARENCY 1. At least 60% of the street-facing building façade between four feet and 10 feet above the sidewalk must be comprised of clear, non-reflective windows that allow views of indoor commercial space or product display areas. On corner lots, this 60% transparency requirement applies only along the front of the building; the minimum transparency requirement on the exterior side of the building is 30%. 2. Display windows that do not provide views into the interior of the building may be counted towards satisfying up to 50% of the minimum transparency requirements, provided that they internally illuminated and are at least two feet in depth. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-4

8 HSQ, HISTORIC SQUARE DISTRICT SECIAL CHARACTER STANDARDS 3. The bottom of any window or product display window used to satisfy these transparency requirements may not be more than four feet above the adjacent sidewalk. Figure C. DOORS AND ENTRANCES 1. Buildings must have a primary, working entrance door facing the primary street. Angled entrances at building corners may be used to satisfy this requirement. 2. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas or courtyard entrances to a cluster of shops or businesses. Figure D. ARKING 1. No off-street parking is required for nonresidential uses unless such uses exceed 10,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 10,000 square feet. (See Article for off-street parking ratios) 2. Any off-street parking that is provided must be located behind the building or within or under the building. 3. When the depth of the lot is insufficient to permit required parking to the rear of the building, parking may be located to the side the side of the building, provided that it does not occupy more U N I F I E D D E V E L O M E N T O R D I N A N C E 9-5

9 HSQ, HISTORIC SQUARE DISTRICT OTHER ALICABLE REGULATIONS than 30% of the subject lot s primary street frontage and is set back at least seven feet from the right-of-way E. DRIVEWAYS AND VEHICLE ACCESS Driveways and vehicle access, when provided, must come from and alley or secondary street if either is present. Access may come from the primary street if no access alternatives exist. The maximum driveway width is 26 feet F. ROHIBITED ACTIVITIES The following uses and activities are expressly prohibited in the HSQ district: 1. drive-in and drive-through facilities; 2. vehicle sales and service uses that involve servicing of automobiles, trucks or larger motor vehicles or that involve any outdoor storage or display; and 3. outdoor storage of goods or materials OTHER ALICABLE REGULATIONS Uses and development in the HSQ district are subject to other standards including the following: A. LANDSCAING AND SCREENING (See Article ) B. NONRESIDENTIAL DESIGN STANDARDS (See Article14-506) C. SIGNS (See Article ) D. ACCESSORY USES AND STRUCTURES (INCLUDING FENCES) (See Article ) E. SIDEWALKS Sidewalks are required for all commercial developments. Sidewalks must be installed in the public rightof-way on both sides of all streets and must be constructed in accordance with the ublic Works Manual F. RINCIAL BUILDINGS rincipal uses must meet the definition of a building. The following may not be used as principal buildings: mobile homes, camper trailers, or portable facilities on skids, wheels, or other moveable devices. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-6

10 /UD, LANNED UNIT DEVELOMENT OVERLAY DISTRICT UROSE The /UD, lanned Unit Development overlay district regulations are intended to: A. ensure development that is consistent with the comprehensive plan; B. ensure that development can be conveniently, efficiently and economically served by existing and planned utilities and services; C. allow design flexibility that results in greater public benefits than could be achieved using conventional zoning district regulations; D. preserve natural, historic and cultural resources; and E. promote attractive and functional residential, nonresidential and mixed-use developments that are compatible with surrounding areas ROCEDURE UDs must be reviewed and approved in accordance with the procedures of Article EFFECT OF OTHER DEVELOMENT ORDINANCE STANDARDS Except as expressly authorized by the regulations of this section and approved as part of a UD plan (in accordance with the procedures of Section ), all of the standards of this development ordinance apply to development within a UD District STANDARDS ELIGIBLE FOR MODIFICATION Unless otherwise expressly approved by the City Council as part of the UD approval process, UDs are subject to all applicable standards of this development ordinance. The City Council is authorized to approve UDs that deviate from strict compliance with specified standards if they determine that the resulting development provides a greater level of public benefit than would normally be expected for projects developed under conventional zoning district standards A. ALLOWED USES A list of uses to be allowed in a UD must be approved as part of the UD approval process. Regardless of the underlying zoning, the City Council may approve a mix of use types within a UD as a means of accommodating mixed-use developments and developments with a range of housing and commercial options B. LOT SIZE The minimum lot area and width size standards of the base zoning district may be reduced as part of the UD approval, provided that lot sizes must be adequate to safely accommodate all proposed buildings and site features C. RESIDENTIAL DENSITY The maximum allowable residential density of the base zoning district may be increased by up to 30% if the City Council determines that such an increase is warranted to support the public benefit likely to result from the proposed development and such density increase can be supported by existing and planned public facilities and services. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-7

11 /UD, LANNED UNIT DEVELOMENT OVERLAY DISTRICT ADDITIONAL REQUIREMENTS AND STANDARDS D. SETBACKS The minimum setback standards of the base zoning district may be reduced as part of the UD approval, provided that: 1. buildings located along any UD district boundary that is adjacent to an R zoning district must be set back a distance at least equal to the height of the proposed building or a depth equal to the setback requirement of the abutting R district, whichever is greater; and 2. all exterior walls of detached buildings within the UD must be separated by a minimum distance of 10 feet E. HEIGHT The City Council may allow an increase in allowable building heights if the City Council determines that such an increase is warranted to support the public benefit likely to result from the proposed development. No building height increases are allowed within 100 feet of the outer perimeter of the UD F. ARKING AND LOADING Off-street parking and loading requirements may be reduced when the City Council determines that decreased requirements are in keeping with projected parking and loading demand of the UD G. STREETS Alternatives to otherwise standard street cross-sections and designs may be approved when the City Council determines that such alternative designs would better the context of the proposed development while still providing a safe an efficient circulation system ADDITIONAL REQUIREMENTS AND STANDARDS A. UNIFIED CONTROL No application for a UD will be accepted or approved unless all of the property included in the application is under unified ownership or a single entity s control B. ZONING MA Approved UDs must be identified on the zoning map by appending the map symbol /UD as a suffix to the base zoning district classification, as in R-4/UD or C-1/UD. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-8

12 /U, UNDERGROUND OVERLAY DISTRICT UROSE The /U, Underground district is an overlay zoning classification established for the following purposes: A. to accommodate and permit the reasonable use of underground space; B. activities; and to protect other properties and persons from adverse effects caused by underground C. to protect the health, safety and welfare of persons in or around /U districts ESTABLISHMENT OF DISTRICT A. The /U district may be established when either of the following conditions exists: 1. Where usable underground space exists; or 2. Where subsurface-located material intended to be extracted exists that adjoins an existing /U district or where the surface land at the entrance has an I zoning classification B. The /U zoning classification may be established, amended or removed only in accordance with rezoning procedures of Article The only difference is that the /U district provisions apply only to the subsurface area and do not affect the zoning classification of the land surface above the /U district USES The following uses are permitted by right in the /U district: A. Any use permitted by right, permitted by right with minimum use standards, or by special use permit in the zoning district controlling the surface property at the primary entrance (that having the most traffic) to the underground space is permitted in the /U district under the same terms as apply to the surface district B. When not allowed by the surface zoning classification, extraction may be allowed by special use permit in accordance with Article C. Other allowed uses may be allowed in the subject /U district by the City Council at the time the /U district is established, provided that such use is not otherwise prohibited by the building code, fire code or other relevant City ordinance STANDARDS AND REQUIREMENTS Underground space in the /U district is subject to the following standards and requirements: A. BUILDING ERMITS Building permits are required to develop a habitable underground building and to qualify for a certificate of occupancy B. ACCESS Access to underground uses must be by means only of nonresidential zoning districts C. SAFETY In order to qualify for building permits or certificates of occupancy, the owners or operators of underground space must have on file with the city a certificate by a registered professional engineer U N I F I E D D E V E L O M E N T O R D I N A N C E 9-9

13 /U, UNDERGROUND OVERLAY DISTRICT STANDARDS AND REQUIREMENTS regarding the structural integrity of the underground space. Such certificate may provide for exceptions or conditions that apply as a condition of building permit approval D. SCREENING All above-ground ventilation equipment and utility installations must be screened from view of streets and adjacent R-zoned lots by landscaping or structures that are architecturally compatible with surrounding development. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-10

14 /SC, SECIAL SIGN CHARACTER OVERLAY DISTRICT ALICABILITY The /SC, Special Sign Character Overlay district may by established within the City of Independence to allow special street graphic displays that are in keeping with the unique architectural character, or visual environment of an area UROSE The purposes of /SC districts are: A. to allow flexibility in the regulation of street graphics; B. to ensure street graphics compliment and or preserve the character of special areas within the city where standard sign regulations would result in inappropriate signage; and C. to encourage interesting, creative and unique approaches to the design of street graphics STREET GRAHIC DEFINED For the purpose of this article the term street graphic means a lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform that is visible from a public right-of-way ZONING MA /SC districts may be established only in accordance with the provisions of Article and Article The boundaries of /SC districts must be identified on the official zoning map EFFECT OF /SC DISTRICT DESIGNATION Special regulations pertaining to street graphics may be adopted by the City Council for each /SC district established. The special regulations may be more or less restrictive than the applicable sign regulations established for the base zoning district, and in the event of conflict with the base zoning regulations, the /SC district regulations will govern GRAHICS LANS FOR /SC DISTRICTS A. The special regulations may provide for a graphics plan to be approved by the lanning Commission and must contain: 1. a narrative describing the objectives of the special character district; 2. a narrative describing any special street graphic standards or requirements to be imposed on street graphics within the special character district; 3. visual representations of the lettering, illumination, color, height, size and placement of graphics mounted on buildings; and 4. visual representations of the lettering, illumination, color, height and location of ground street graphics. (History: Ordinance No ) B. The lanning Commission may approve a street graphics plan for a /SC district, and amend an approved plan, if the design standards and illustrations contained in the plan are consistent with the purposes of this article and the character of the /SC district. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-11

15 /SC, SECIAL SIGN CHARACTER OVERLAY DISTRICT MODIFICATION OF EXISTING STANDARDS C. Upon approval of a Street Graphics lan for a /SC district, no sign permit may be issued, except in conformity with the special regulations of the /SC district and the approved Street Graphics lan MODIFICATION OF EXISTING STANDARDS The Master Street Graphics lan may be approved, and amended, by the lanning Commission with elements that exceed the permitted height, area, number and/or other limitations specified in the base district regulations upon finding that: A. The development site contains unique or unusual physical conditions such as topography, proportion, size or relation to a public street that would limit or restrict normal sign visibility; B. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest or other distinguishing features that represent clear variation from conventional development; or, C. The proposed signage incorporates special design features such as logos, emblems, murals or statuaries that are integrated with building architecture AEALS Decisions by the lanning Commission with regard to the approval of a street graphics plan may be appealed to the City Council. Appeals must be filed in writing with the Community Development Director within 15 calendar days of the lanning Commission s action. The Council shall have the right to affirm or overrule the decision of the lanning Commission. (History: Ordinance No ) U N I F I E D D E V E L O M E N T O R D I N A N C E 9-12

16 /ED, EDESTRIAN STREET OVERLAY UROSE The /ED, edestrian Overlay district is intended to preserve and enhance the character of pedestrianoriented areas and, in turn, to promote street level activity, economic vitality and pedestrian safety and comfort DESIGNATION AS A EDESTRIAN STREET A. edestrian streets must be identified on the official zoning map B. The pedestrian street designation may be established or removed only in accordance with the rezoning procedure of Article ALICABILITY The standards of the /ED overlay district (set forth in Section through Section below) apply to all development on lots that abut the right-of-way of designated pedestrian streets unless otherwise expressly stated BUILDING LACEMENT A. Buildings must abut the sidewalk or be located within five feet of the sidewalk along exterior lot lines B. These building placement standards do not apply to public plazas or parks or recessed building entries C. Recessed building entries are subject to the following standards: 1. The entrance width may not exceed 12 feet or 5% of the building s street-facing façade width; 2. The entrance depth may not exceed the entrance width; and 3. The entrance may not exceed two stories in height. Figure U N I F I E D D E V E L O M E N T O R D I N A N C E 9-13

17 /ED, EDESTRIAN STREET OVERLAY GROUND-FLOOR TRANSARENCY GROUND-FLOOR TRANSARENCY A. At least 60% of the street-facing building façade between four feet and 10 feet above the sidewalk must be comprised of clear, non-reflective windows that allow views of indoor commercial space or product display areas. On corner lots, this 60% transparency requirement applies only along the designated pedestrian street B. Display windows that do not provide views into the interior of the building may be counted towards satisfying up to 50% of the minimum transparency requirements, provided they are internally illuminated and are at least two feet in depth C. The bottom of any window or product display window used to satisfy these transparency requirements may not be more than four feet above the adjacent sidewalk. Figure DOORS AND ENTRANCES A. Buildings must have a primary, working entrance door facing the primary street. Entrances at building corners may be used to satisfy this requirement B. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas or courtyard entrances to a cluster of shops or businesses. Figure U N I F I E D D E V E L O M E N T O R D I N A N C E 9-14

18 /ED, EDESTRIAN STREET OVERLAY ARKING ARKING A. No off-street parking is required for nonresidential uses unless such uses exceed 10,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 10,000 square feet. (See Article for off-street parking ratios) B. Any off-street parking that is provided must be located behind the building or within or under the building C. When the depth of the lot is insufficient to permit required parking to the rear of the building, parking may be located to the side the side of the building, provided that it does not occupy more than 50% of the subject lot s primary street frontage DRIVEWAYS AND VEHICLE ACCESS Driveways and vehicle access, when provided, must come from an alley or secondary street if either is present ROHIBITED USES/ACTIVITIES The following uses and activities are prohibited: A. drive-in or drive-through facilities; B. gasoline and fuel stations; C. vehicle sales and service uses that involve servicing of automobiles, trucks or larger motor vehicles or that involve any outdoor storage or display; and D. residential storage warehouses. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-15

19 /CD, CONSERVATION OVERLAY DISTRICT UROSE The /CD, Conservation Overlay District is intended to: A. recognize and protect the physical character of neighborhoods that exhibit unique development and building patterns; B. encourage neighborhood investment in the form of construction and development that conforms to the size, orientation, and setting of existing buildings in the neighborhood; C. foster development and redevelopment that is compatible with the scale and physical character of original buildings in the neighborhood through the use of development/design standards and guidelines; D E. ensure a stabilized tax base; and, to promote natural and cultural assets CRITERIA FOR DESIGNATION OF CONSERVATION DISTRICTS The Heritage Commission shall, upon such investigation as it deems necessary, make a determination as to whether a group of contiguous buildings or structures, landscape elements, or any integrated combination thereof meet one or more of the following criteria: A. was developed at least 50 years ago and retains distinctive architectural and historical characteristics that are worthy of conservation, but which has less historical, architectural or cultural significance than a Historic District; B. has a recognized neighborhood identity and character by virtue that it possesses unifying distinctive elements of either exterior features or by environmental characteristics that create an identifiable setting, character, or association; C. has a relationship to an identifiable urban or neighborhood center or historic area where preservation of this relationship is determined to be critical to the protection of such center or historic area; D. owing to its unique location or singular physical characteristics, represents an established and familiar visual feature or development pattern of the neighborhood, community or city EFFECT The /CD is an overlay zoning classification that establishes additional restrictions and standards on buildings and structures permitted by the underlying zoning district. In the event of conflict between the overlay zoning district regulations and the regulations of the underlying zoning district, the overlay zoning regulations govern. In all other cases, both the overlay zoning and underlying zoning regulations apply USES The use regulations of the underlying zoning district govern. The /CD overlay does not impose any additional use restrictions DEVELOMENT/DESIGN STANDARDS In establishing a /CD overlay, the Heritage Commission is authorized to propose and the City Council is authorized to adopt, district-specific development and design standards to guide development and redevelopment within the subject /CD district. When development and design standards have been U N I F I E D D E V E L O M E N T O R D I N A N C E 9-16

20 /CD, CONSERVATION OVERLAY DISTRICT ESTABLISHMENT OF DISTRICT approved, each application for new construction or alteration of an existing building within the designated /CD must comply with those standards. When there are conflicts between the standards of the underlying base zoning district and adopted /CD district design/development standards, the /CD design/development standards will govern ESTABLISHMENT OF DISTRICT /CD zoning districts are established in accordance with the rezoning procedures of Article , except as modified by the following provisions A. An application to establish a /CD district may be initiated by the Heritage Commission, owner of record, or the City Council B. Applications may also be initiated by petition when signed by at least 51% of the property owners within the proposed district C. The Heritage Commission must submit a written recommendation to the City Council regarding the creation of /CD districts D. The Heritage Commission is responsible for reviewing /CD zoning applications for compliance with the selection criteria of Section and for recommending development/design standards and guidelines for the district E. The City Council is responsible for making a final decision to approve or deny the /CD zoning district and the applicable standards and guidelines for the district NOMINATION FOR DESIGNATION OF CONSERVATION DISTRICTS roperty owners within a proposed district may request initiation by the Heritage Commission or City Council for consideration of a historic or conservation district nomination. Nomination of a potential historic or conservation district may also be initiated by the Heritage Commission or the City Council. Nominations for designation of historic or conservation districts shall be made to the Heritage Commission and may be submitted by a member of the Heritage Commission, owner of record of the nominated property, or the City Council, or any other person or organization with the consent of the owners of at least 51% of the affected parcels in the proposed district, exclusive of all publicly owned property, streets and alleys. Rescission of any signature on the petition to designate a property within a district must be submitted in writing to the Historic reservation Division in the Community Development Department no later than 15 days prior to the public meeting of the Heritage Commission. Any request for rescission after that date will be considered invalid and the signature of consent will remain. Once a district is nominated for designation, at least two public meetings shall be held for information gathering and discussion. Upon determination to proceed with the district nomination, a designation report shall be prepared and submitted for review during a public hearing by the Heritage Commission. All effected property owners within a proposed historic or conservation districts shall be initially notified of this meeting for consideration of the potential designation via certified mail. All further notification of public hearings shall be posted at City Hall. The Historic reservation Manager shall be available to assist with preparing any designation report. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-17

21 /CD, CONSERVATION OVERLAY DISTRICT ROCEDURE ROCEDURE Upon receipt of an application for /CD zoning or upon initiation of a /CD zoning application by the City Council or Heritage Commission, the following procedures apply: A. Unless otherwise expressly stated, the rezoning procedures of Article apply B. A recommendation must be made by the Heritage Commission to the lanning Commission concerning all /CD zoning applications C. ublic hearings on /CD zoning applications must be held by the lanning Commission and City Council D. Following its hearing, the lanning Commission must adopt, by resolution, a recommendation that /CD district zoning be approved or denied. The lanning Commission s recommendation must be in the form of a resolution and be submitted to the City Council. The resolution must be accompanied by a report containing the following information: 1. an explanation of the how the area meets the selection criteria contained in Section ; 2. in the case of an area found to meet the criteria in Section , a description of the general pattern of development, including streets, lots and buildings in the area; district-specific development and design standards to guide redevelopment and development within the district; 3. a map showing the recommended boundaries of the /CD district; 4. a record of the proceedings before the lanning Commission; and 5. an explanation of the planning and zoning implications related to the designation of the proposed area and district-specific development and design standards; E. Following the public hearings by the lanning Commission, the City Council must hold a public hearing and act to approve or deny the application for /CD district zoning INTERIM CONTROL No building permit shall be issued by the Building Department for alteration, construction, demolition or removal of a nominated Landmark or of any property or structure within a nominated Historic District or Conservation District from the date of the meeting of the Heritage Commission at which a nomination form is first presented until the final disposition of the nomination through a negative recommendation by the Heritage Commission or the lanning Commission or by the vote of the City Council. During this period the City Council may authorize such alteration, construction, demolition or removal when it adopts a formal resolution declaring that the proposed work is necessary for public health, welfare or safety. During this period the applicant for the permit shall have the opportunity to explain to the City Council the reasons why the permit should be issued promptly. In no event shall the delay be for more than one hundred eighty (180) days. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-18

22 /HD, HISTORIC OVERLAY DISTRICT UROSE The /HD, Historic Overlay District is intended to help with the protection, enhancement, and perpetuation of places, districts, sites, buildings, structures, and other features having a special historical, architectural, cultural or aesthetic interest or value. The /HD Overlay District is further intended to: A. stimulate revitalization and preservation of the residential, civic and business areas; B. promote economic progress through heritage tourism; C. provide for the designation, protection, preservation, rehabilitation, and restoration of historic districts and properties; and D. facilitate the city s efforts to participate in federal or state historic preservation programs EFFECT The /HD is an overlay zoning classification that establishes additional restrictions and standards on those uses permitted by the underlying zoning district. In the event of conflict between the overlay zoning district regulations and the regulations of the underlying zoning district, the overlay zoning regulations govern. In all other cases, both the overlay zoning and underlying zoning regulations apply USES The use regulations of the underlying zoning district govern. The /HD district does not impose any additional use restrictions DEVELOMENT/DESIGN STANDARDS In establishing an /HD district, the Heritage Commission and lanning Commission are authorized to propose and the City Council is authorized to adopt, district-specific development and design standards to guide development and redevelopment within the subject /HD district. When development and design standards have been approved, each application for new construction or alteration of an existing building within the designated /HD must comply with those standards. When there are conflicts between the standards of the underlying base zoning district and adopted /HD district design/development standards, the /HD design/development standards will govern NOMINATION FOR DESIGNATION OF HISTORIC DISTRICTS Nominations for designation of historic districts shall be made to the Heritage Commission and may be submitted by a member of the Heritage Commission, owner of record of the nominated property, or the City Council, or any other person or organization with the consent of the owners of at least 51% of the affected parcels in the proposed district, exclusive of all publicly owned property, streets and alleys. Rescission of any signature on the petition to designate a property within a district must be submitted in writing to the Historic reservation Division in the Community Development Department no later than 15 days prior to the public meeting of the Heritage Commission. Any request for rescission after that date will be considered invalid and the signature of consent will remain. Once a district is nominated for designation, at least two public meetings shall be held by the City staff for information gathering and discussion. Upon determination to proceed with the district nomination, a designation report shall be prepared and submitted for review during a public hearing by the Heritage Commission. All affected property owners within proposed historic districts shall be initially notified by City staff of this meeting for consideration of the potential designation via certified mail. The mailed notice shall U N I F I E D D E V E L O M E N T O R D I N A N C E 9-19

23 /HD, HISTORIC OVERLAY DISTRICT CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS include the date, time and place of the Heritage Commission meeting and a general description of the request. All further notification of public hearings shall be posted at City Hall. The Historic reservation Manager shall be available to assist with preparing any designation report CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS The Heritage Commission shall be guided in its deliberations on or about designation of historic properties by the National Register Criteria for Evaluation (36 CFR art 60). The criteria set forth to establish historically designated properties shall be made available to the public upon request. The Heritage Commission shall upon such investigation as it deems necessary, make a determination as to whether a nominated property, building, structure or area possesses integrity of location, design, setting, materials, workmanship, feeling, and association and: A. Is associated with events that have made a significant contribution to the broad patterns of the city s history; or, B. Is associated with the lives of persons significant in the city s past; C. Embodies the distinctive characteristics of a type, period, or method of construction, use of indigenous materials, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; D. Have yielded, or may be likely to yield, information important in prehistory or history; E. Displays character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, region, state, or nation; F. The location as a site is significant to the local, county, region, state, or national event; G. Identification with a person(s), family, or group who significantly contributed to the development of the community, county, region, state, or nation; H. Is identified as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, county, region, state, or nation; I. Embodies elements of design, detailing, materials, or craftsmanship which renders it architecturally significant; J. unique; K. visual feature; Embodies design elements that make it structurally or architecturally innovative or Its unique location or singular physical characteristics makes it an established or familiar L. Its character displays a particularly fine or unique example of a utilitarian building or structure, including, but not limited to, farmhouses, barns, retaining walls, gas stations or other commercial buildings, with a high level of integrity or architectural significance; M. Is associated with a cemetery with local, regional, state or nationwide significance or displays an exceptional craftsmanship, unique material(s), location, and/or site improvements such as retaining walls or topographical features; and/or, N. Is listed on the National Register of Historic laces. U N I F I E D D E V E L O M E N T O R D I N A N C E 9-20

24 /HD, HISTORIC OVERLAY DISTRICT REORT AND RECOMMENDATION OF HERITAGE COMMISSION REORT AND RECOMMENDATION OF HERITAGE COMMISSION A. GENERALLY The Heritage Commission shall, within 60 days from the receipt of a completed nomination in proper form as determined by the Historic reservation Manager, hold a public hearing on the proposal. ublic notice of the hearing shall be given, including posting on the property or within the proposed district. Written notice shall be given to the owners of property under consideration for designation, as outlined below. Written notice under this Article shall be considered sufficient when it is mailed to the owner of record. The Heritage Commission shall adopt, by resolution, a recommendation that the nominated district does or does not meet the criteria for designation. The resolution shall be accompanied by supporting documentation, including but not limited, to a staff report and designation report B. NOTIFICATION The reservation Division shall mail notices prior to the public hearing. The mailed notices shall be sent to all owners of record of the affected property and include the date, time and place of the public hearing and a general description of the request NOTIFICATION OF DETERMINATION BY HERITAGE COMMISSION Notice of the determination by the Heritage Commission, including a copy of all supporting documentation shall be sent to the owners of record and to the nominator within seven calendar days following a determination of the Heritage Commission as to whether or not the nominated property meets the criteria for designation. Regarding designation of a historic district, a copy of the documentation shall also be made available to the owners of all property within a nominated Historic District upon request ACTION BY LANNING COMMISSION Upon recommendation of the Heritage Commission, the lanning Commission shall hold a public hearing in accordance with the rezoning procedures of Section The lanning Commission shall adopt by resolution a recommendation to the City Council. In its resolution the lanning Commission shall approve or deny the recommendation of the Heritage Commission. If the lanning Commission approves the recommendation for historic designation, it shall be an amendment to the Zoning District Map which creates a designation using the boundaries proposed by the Heritage Commission. The designation shall be /HD for Historic Districts. When the lanning Commission acts favorably on a proposed designation it shall forward the proposed designation and the Heritage Commission's reported recommendation for historic designation to the City Council at the same time for consideration. If the lanning Commission denies the recommendation of the Heritage Commission, the lanning Commission shall state all reasons for denial and these shall be forwarded along with all supporting documentation and the Heritage Commission s recommendation to the City Council for its consideration ACTION BY CITY COUNCIL The City Council shall act after receiving the recommendation of the lanning Commission and the Heritage Commission that the nominated Historic District be designated and that the Zoning District Map be amended. The City Council shall hold a new evidence only public hearing as provided in Section of the City Code. The Designation Ordinance shall include a legal description of the boundaries of the proposed district, information on the significance of the property or properties, a statement of significance for the designation, and information about any specific features being protected. The establishment of the overlay district shall not affect other zoning rules and regulations for the property U N I F I E D D E V E L O M E N T O R D I N A N C E 9-21